Re: [nc-udrp] RE: Summary of Responses 82-89

["J. Scott Evans" <jse@adamspat.com>]

Dear All:

I think that everyone is seriously overreacting.  Caroline's email in no way
indicates that there will be no robust debate or inclusion of the various
viewpoints regarding the need for reform to the UDRP.  It is exactly this
kind of overreaction that leads TF leaders to feel "attacked" over innocent
comments.  I, for one, think the survey responses are interesting, but not
dispositive.  In addition, I am well aware of Dr. Froomkin's concerns about
the UDRP since its very inception and have read a great majority of his
rather prolific works on this subject (although I must confess I have not
yet read the his latest).  I have no problem (and always assumed) that we
would all have an opportunity to discuss these viewpoints before forwarding
our paper to the NC.

Please let's not overreact.  If we feel that there areas that require
further consideration or debate so be it.  Let's suggest a format for doing
so (such as a suggested schedule/timetable for considering and debating the
various papers that have been put forward).  Let's have action and
pragmatism, rather than assuming that the process is designed to shut
someone or some viewpoint out.

That being said, I may have misinterpreted the tone of Scott's and Michael's
earlier messages.  However, that should only highlight the danger of email
as a primary mode of communication.  Far too often email communication is
either too caustic in tone or has the ability to be misinterpreted as
caustic when that is not the intent.  Let us all beware.  I hope that I have
not offended either Scott or Michael.  That is not my intent.  Their points
are valid and should be explored.  My only criticism is that their messages
both seemed to assume the worst and that is not, IMHO, a positive way to
approach these issues.

J. Scott Evans
----- Original Message -----
From: "Michael Froomkin - U.Miami School of Law" <froomkin@law.miami.edu>
To: "Chicoine, Caroline G." <CCHICOINE@thompsoncoburn.com>
Cc: <carmody@lawyer.com>; <nc-udrp@dnso.org>
Sent: Wednesday, March 06, 2002 2:18 PM
Subject: Re: [nc-udrp] RE: Summary of Responses 82-89


>
> Wait a minute. While the surveys are informative, they are hardly
> dispositive.  As we originally agreed, we accepted the unscientific nature
> of them because we were always going to use our independent judgement.
>
> I and other have forwarded papers to the group that raise very serious
> issues in need of reform.  When are we going to discuss those?
>
> PS. In case you missed it, here's a link to mine again:
> http://personal.law.miami.edu/~froomkin/articles/udrp.pdf
>
> While it's important to know what the respondents to the survey think,
> survey collation is hardly the extent of the knowledge and experience the
> members of this group bring to the table.
>
>
> On Wed, 6 Mar 2002, Chicoine, Caroline G. wrote:
>
> > Oh, Jim you are not off the hook yet!!!!!  We still have to review the
> > responses received from the ICANN website (which I have not yet received
> > from ICANN) and then the Chairs will try to accumulate everyone's
summaries
> > and prepare a draft report, but we will want everyone's input on the
draft
> > before we final it and send it to NC.
> >
> > -----Original Message-----
> > From: James Carmody [mailto:carmodyjim@yahoo.com]
> > Sent: Monday, March 04, 2002 5:13 PM
> > To: cchicoine@thompsoncoburn.com; nc-udrp@dnso.org
> > Subject: Summary of Responses 82-89
> >
> >
> > Attached.  I have really enjoyed working with all of
> > you and will enjoy reading the final report.
> >
> > Best wishes from Houston,
> > Jim Carmody
> >
> > =====
> > James A. Carmody, nn5o, carmody@lawyer.com
> > Voice Mail: 713 446 4234; eFax: 815 461 5321
> >
> > __________________________________________________
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>
> --
> Please visit http://www.icannwatch.org
> A. Michael Froomkin   |    Professor of Law    |   froomkin@law.tm
> U. Miami School of Law, P.O. Box 248087, Coral Gables, FL 33124 USA
> +1 (305) 284-4285  |  +1 (305) 284-6506 (fax)  |  http://www.law.tm
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>
>